Eichenholtz v. Verifone Holdings, Inc. et al

Filing 305

STIPULATION AND ORDER re 303 STIPULATION WITH PROPOSED ORDER VACATING CASE MANAGEMENT CONFERENCE AND SETTING DATE FOR FILING MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT filed by National Elevator Industry Pension Fund Case Management Statement due by 10/10/2013. Case Management Conference reset for 10/17/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 6/24/13. (bpf, COURT STAFF) (Filed on 6/24/2013)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 CHRISTOPHER P. SEEFER (201197)
CHRISTOPHER M. WOOD (254908)
3 Post Montgomery Center
One Montgomery Street, Suite 1800
4 San Francisco, CA 94104
Telephone: [phone]
5 415/288-4534 (fax)
[e-mail]
6 [e-mail]
– and –
7 PATRICK J. COUGHLIN (111070)
RANDI D. BANDMAN (145212)
8 FRANCIS A. DIGIACCO (265625)
655 West Broadway, Suite 1900
9 San Diego, CA 92101
Telephone: [phone]
10 619/231-7423 (fax)
[e-mail]
11 [e-mail]
[e-mail]
12
Lead Counsel for Plaintiffs
13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
In re VERIFONE HOLDINGS, INC.
) Master File No. 3:07-cv-06140-EMC
16 SECURITIES LITIGATION
)
) CLASS ACTION
17
)
) STIPULATION AND [PROPOSED] ORDER
This Document Relates To:
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) VACATING CASE MANAGEMENT
) CONFERENCE AND SETTING DATE FOR
ALL ACTIONS.
19
) FILING MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT
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851199_1

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WHEREAS, on February 8, 2013, the Ninth Circuit issued a formal mandate in accordance

2 with Fed. R. App. Proc. 41 and Ninth Cir. Rules 41-1 and 41-2 remanding the action back to the
3 District Court;
4

WHEREAS, on April 3, 2013, the Court issued a Case Management Conference Order in

5 Reassigned Cases, which set a case management conference for June 27, 2013, and pursuant to
6 which the parties are currently to file a case management conference statement by June 20, 2013
7 (Dkt. No. 296);
WHEREAS, on March 26, 2013, as set forth in the parties’ previous filings with the Court

8

9 (Dkt. Nos. 298, 300, 302), the parties participated in a full-day meditation in this action and
10 settlement discussions continued thereafter;
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WHEREAS, on June 17, 2013, the parties reached an agreement in principle that would

12 resolve this action in its entirety, subject to Court approval; and
13

WHEREAS, the parties therefore respectfully submit that the interests of judicial economy

14 would be best served by vacating the case management conference set for June 27, 2013, as well as
15 the requirement that the parties file a case management conference statement by June 20, 2013, and
16 by setting a date for the filing of a motion for preliminary approval of settlement and supporting
17 papers;
18

NOW THEREFORE, IT IS HEREBY AGREED between plaintiffs and defendants, by and

19 through their respective counsel, subject to Court approval, that:
20

1.

The case management conference currently set for June 27, 2013, and the case

21 management conference statement due June 20, 2013, are hereby vacated.
22

2.

The deadlines for defendants to file their answers to plaintiffs’ Third Amended

23 Complaint, as well as for the parties to exchange their initial disclosures pursuant to Fed. R. Civ. P.
24 26(a)(1), are vacated.
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851199_1

STIP & [PROPOSED] ORDER VACATING CASE MANAGEMENT CONFERENCE AND SETTING
DATE FOR FILING MOTION FOR PRELIM APPROVAL OF SETTLEMENT - 3:07-cv-06140-EMC

-1-

1

3.

The parties intend to file a motion for preliminary approval of settlement in late July,

2 and such motion shall be filed no later than August 9, 2013.
3 DATED: June 19, 2013
4

ROBBINS GELLER RUDMAN
& DOWD LLP
CHRISTOPHER P. SEEFER
CHRISTOPHER M. WOOD

5
6

s/ Christopher M. Wood
CHRISTOPHER M. WOOD

7

Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

8
9
10

ROBBINS GELLER RUDMAN
& DOWD LLP
PATRICK J. COUGHLIN
RANDI D. BANDMAN
FRANCIS A. DIGIACCO
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)

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15

Lead Counsel for Plaintiffs

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DATED: June 19, 2013

SULLIVAN & CROMWELL LLP
BRENDAN P. CULLEN
SVERKER K. HOGBERG
NATHANIEL L. GREEN

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851199_1

s/ Brendan P. Cullen
BRENDAN P. CULLEN
1870 Embarcadero Road
Palo Alto, CA 94303-308
Telephone: [phone]
650/461-5700 (fax)
SULLIVAN & CROMWELL LLP
ROBERT A. SACKS
1888 Century Park East
Los Angeles, CA 90067
Telephone: [phone]
310/712-8800 (fax)
Attorneys for Defendants VeriFone Holdings,
Inc. and Douglas Bergeron
STIP & [PROPOSED] ORDER VACATING CASE MANAGEMENT CONFERENCE AND SETTING
DATE FOR FILING MOTION FOR PRELIM APPROVAL OF SETTLEMENT - 3:07-cv-06140-EMC

-2-

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DATED: June 19, 2013

MORRISON & FOERSTER LLP
JORDAN ETH
D. ANTHONY RODRIGUEZ

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s/ Jordan Eth
JORDAN ETH

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425 Market Street
San Francisco, CA 94105-2406
Telephone: [phone]
415/268-7522 (fax)

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Attorneys for Defendant Barry Zwarenstein
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Certificate Pursuant to Local Rule 5-1(i)(3)
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I, Christopher M. Wood, am the ECF User whose identification and password are being used
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to file the Stipulation and [Proposed] Order Vacating Case Management Conference and Setting
12
Date for Filing Motion for Preliminary Approval of Settlement. In compliance with Local Rule 513
1(i)(3), I hereby attest that Brendan P. Cullen and Jordan D. Eth have concurred in this filing.
14
s/ Christopher M. Wood
CHRISTOPHER M. WOOD

Dated: June 19, 2013
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*

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*

*

ORDER
Based on the above Stipulation of the parties, by and through their counsel of record, and for

19 good cause showing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
20

1.

The case management conference currently set for June 27, 2013 and the

21 case management conference statement due June 20, 2013, are hereby vacated.
22

2.

The deadlines for defendants to file their answers to plaintiffs’ Third

23 Amended Complaint, as well as for the parties to exchange their initial disclosures pursuant to
24 Fed. R. Civ. P. 26(a)(1), are vacated.
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851199_1

STIP & [PROPOSED] ORDER VACATING CASE MANAGEMENT CONFERENCE AND SETTING
DATE FOR FILING MOTION FOR PRELIM APPROVAL OF SETTLEMENT - 3:07-cv-06140-EMC

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1

3.

The parties shall file a motion for preliminary approval of settlement on or

2 before August 9, 2013.
IT IS SO ORDERED.

4

S

UNITED STATES DISTRICT JUDGE

ER

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dward
Judge E

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M. Che

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DERED
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IT IS
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7

S DISTRICT
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THE HONORABLE EDWARD M. CHEN

UNIT
ED

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6/24/13

RT
U
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DATED:

CMC is reset for 10/17/13 at 9:00 a.m. An update joint
cmc statement shall be filed by 10/10/13.

A

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D IS T IC T O
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851199_1

STIP & [PROPOSED] ORDER VACATING CASE MANAGEMENT CONFERENCE AND SETTING
DATE FOR FILING MOTION FOR PRELIM APPROVAL OF SETTLEMENT - 3:07-cv-06140-EMC

-4-

1
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CERTIFICATE OF SERVICE
I hereby certify that on June 19, 2013, I authorized the electronic filing of the foregoing with

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the
4 e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
7

I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on June 19, 2013.
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851199_1

s/ Christopher M. Wood
CHRISTOPHER M. WOOD
ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)
E-mail: [e-mail]

CAND-ECF-

Page 1 of 2

Mailing Information for a Case 3:07-cv-06140-EMC
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The following are those who are currently on the list to receive e-mail notices for this case.
Steve W. Berman
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Francis A. Bottini , Jr
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[e-mail]
Brendan P. Cullen
[e-mail],[e-mail],s&[e-mail],[e-mail],[e-mail],[e-mail]
Timothy Alan DeLange
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[e-mail]
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Linda M. Fong
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[e-mail]
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CAND-ECF-

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Aaron M. Sheanin
[e-mail],[e-mail]
Arthur L. Shingler , III
[e-mail],[e-mail]
Michael Howard Steinberg
[e-mail],[e-mail],s&[e-mail]
Joel B. Strauss
[e-mail]
Sean Travis Strauss
[e-mail],[e-mail]
Sanford Svetcov
[e-mail],[e-mail],[e-mail]
Joseph J. Tabacco , Jr
[e-mail],[e-mail]
David Conrad Walton
[e-mail]
Shawn A. Williams
[e-mail],[e-mail],[e-mail],[e-mail]
Steven Noel Williams
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],lclark@cpmlegal.c
Christopher Martin Wood
[e-mail],[e-mail]

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse
to select and copy this list into your word processing program in order to create notices or labels for these recipients.
Jeffrey
P. Campisi
Kaplan, Fox & Kilsheimer LLP
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